I CT Environmental, Sustainability and Supply Chain Counsel Roundtable Thursday, October 4, 2018 Garden Court Hotel| Palo Alto, CA
New Initiatives to Combat Marine Plastics Pollution Russ LaMotte, Beveridge & Diamond, P.C. Ellen Jackowski, HP Inc.
Overview • Circular economy • Marine plastics pollution • EU Plastics Strategy • China’s import ban and related developments • New Basel Convention initiatives on plastic waste • Issues to watch going forward • Company initiatives and strategies
The Circular Economy
What is the Circular Economy? Minimize waste generation and maintain value of products and materials Product design Consumption • Reparability & reusability • Green claims • Durability • Labeling • Upgradeability • Procurement incentives • Recyclability Waste management Sustainable sourcing • Expand EPR regimes • Raw materials • Improve recycling rates • Improve market for secondary materials • Reduce landfilling
Sources of Ocean Plastics?
Leakage into the Ocean
Challenges for Plastics Management • Not all plastics can be recycled together – Diversity of plastics (resins, colors) – Stream contamination • Tracing chemicals of concern • Economics • Lack of infrastructure • Scale/nature of the problem
EU 2018 Circular Economy Package Council has adopted Four Legislative Proposals New legislation am ending existing EU Directives: Directive on waste Directive on the landfill of waste Directive on ELV/ Batteries/ WEEE Directive on packaging waste
EU 2018 Circular Economy Package New Tools in January 2018 to Implement Circular Economy Action Plan Monitoring EU Strategy for Plastics Interface of Chemicals, Report on Critical Raw Framework on in the Circular Product and Waste Materials and Circular Progress Towards Economy Legislation Economy Circular Economy By 2030, all plastics packaging Highlights should be Assesses how Identifies ten key potential to make recyclable rules on waste, indicators to use of the 27 products and cover each phase critical materials chemicals relate of circular Identifies need in the economy to each other. economy for legislation to more circular reduce impact of single-use plastics
EU Plastics Strategy • Released January 2018 • New plastics economy vision for 2020 • Pledging campaign • Adding microplastics to REACH • Tracing chemicals from electronics in recycled streams • Public procurement for plastics • Single Use Plastics
Proposal for Single-Use Plastic Directive Released May 28, 2018; subject to ongoing negotiations Categories of single-use plastics Potential Control Measures • Cutlery, plates, straws, stirrers • Ban • Food containers • Extended producer responsibility • Beverage cups and containers • Awareness-raising • Bags • Labelling • Food packets and wrappers • National consumption reduction • Wet wipes and sanitary items • Product design requirement • Tobacco products • Collection target • Balloons and balloon sticks • Cotton buds • Others …..?
Waste Import Control Catalogues and China’s “Foreign Garbage” Import Ban August 1 6 , 2 0 1 7 April 1 9 , 2 0 1 8 • Decem ber 3 1 , 2 0 1 7 : Imports • Decem ber 3 1 , 2 0 1 8 : Imports prohibited: prohibited: • Industrial source waste plastic • Non-industrial source (including scrap household) waste plastic scrap
International Activity on Ocean Plastics • United Nations Environment Assembly (UNEA) expert working group declaration • Basel COP Decisions and Open-Ended Working Group 2018-2019 work program • G7 Declaration • G20 Action Plan on Marine Litter • GEF 7 Strategy development
UNEA Expert Group • Declaration in December 2017 • Open-ended ad hoc expert group on marine litter and microplastics – 1 st meeting in May 2018 – 2 nd meeting in November 2018 • Considering existing mechanisms (Basel, Stockholm, SAICM, etc.) and potential for a new global governance structure to address marine plastics
G7 Ocean Plastics Charter • Signed by Canada, France, Germany, Italy, the UK and the EU in June 2018; US and Japan did not sign • Also signed by the Circular Economy Leadership Coalition • Commitments include: • Work with industry towards 100% reusable, recyclable, or recoverable plastics by 2030. • Work with industry and other levels of government to recycle and reuse at least 55% of plastic packaging by 2030 and recover 100% of all plastics by 2040. • Work with industry towards increasing recycled content by at least 50% by 2030. • Significantly reduce the unnecessary use of single-use plastics. • Use tools like green public procurement, product stewardship, labeling requirements, industry leadership initiatives, data collection, and public awareness campaigns.
Basel Mandate on Plastics Basel COP 13 (2017) included marine plastic litter and microplastics in work programme of OEWG for 2018-2019 . . .consider relevant options available under the Convention to further address marine plastic litter and microplastics, taking into account, inter alia, the assessment requested by the United Nations Environment Assembly of the United Nations Environment Programme in its resolution 2/11, any relevant resolution by the Environment Assembly at its forthcoming third session and existing guidance documents and activities under the Basel Convention that address issues related to marine plastic litter and microplastics, and develop a proposal for possible further action, within the scope of the Convention and avoiding duplication with activities relating to the matter in other forums, for consideration by the Conference of the Parties at its fourteenth meeting .
Original Norway Proposal (Summer 2018) List plastic waste “other waste” on Annex II: “waste and scrap from plastic and All plastic wastes subject to control mixed plastic materials and and non-party mixtures of waste containing trade ban plastics, including microplastic beads” Variability at Delete entry on plastics in national level re whether plastic Annex IX (presumptively wastes should be non-hazardous list) treated as hazardous
OEWG September 2018 – Key Outcomes on Plastics EU - Add chemicals to Norway Annex II – Norway Annex IX – New Plastics Annex I to move some Other Wastes Non-Hazardous Listing Partnership plastics to hazardous waste Mixed reception by Mixed reception by Broad support by Not fully developed governments governments governments proposal Will be discussed with Draft decision and Norway will propose Norway to propose other proposals on terms of reference slightly narrowed text revised waste listing plastics in pre-existing open for comment EWG on Annexes Will be debated at COP Will be debated at COP Will likely be launched Will not be ready for in 2019 in 2019 at COP in 2019 debate at COP in 2019
New Plastics Partnership Emerging • Likely to be modeled on other • Draft COP decision, mandate partnerships and terms of reference open – Mobile Phones (MPPI) for comment – E-Waste (PACE) • Will be negotiated and likely • Opportunities for active adopted May 2019 observer role • Currently very broad – Industry • Capacity building – US Government – NGOs • New guidance and listings?
Plastic Waste Listing Negotiations Hazardous Waste Annex IX Other Wastes Proposed changes to • • Norway proposal for • Norway proposed deleting plastics to be listed in Annex I constituents current Annex IX listing for Annex II plastics and categories • Parties not receptive to • Parties appear supportive of Negotiations on Annex • listing all plastics in Annex keeping some plastic wastes on III characteristics II Annex IX • Proposals for threshold Watch for revised Norway • Narrower listing? • limit values on proposal • Basel controls apply constituents • OEWG has recommended that • Ban on trade with U.S. the COP consider revisions • Full Basel controls and (non-party) • Recognized as outside the trade bans apply • Not covered by future Convention OECD to non-OECD trade • Subject to future OECD Most beneficial to circular • ban to non-OECD trade ban economy
Key Next Steps 12/11/18 Meeting Early October: of EWG on Annex End of April 2019: Revised Texts from Amendments COP Meeting Norway (Buenos Aires) (Geneva) 10/31/18 12/17/18 Comments on draft Comments on draft Terms of Reference COP Framework for Plastics Decision on Marine Partnership Plastics
Looking Ahead – Key Work Streams • EU policies and legislation highly influential • Anticipate new bans on “single-use” plastics … defined as?? • New Basel listings will likely restrict trade in some waste plastics • Watch for new initiatives out of G-7 and UNEA
Company Responses? • Identify plastic streams at risk – Virgin sources of plastics – Plastic products – Waste streams • Differentiate among plastics – Recyclable – Recycled – Bio-based? • Pressure for new commitments – Stories vs. commitments vs. product claims
Discuss Company Responses
Questions? Thank you!
Ellen Jackowski HP Sustainable Impact
SUSTAINABLE IMPACT PEOPLE COMMUNITY PLANET
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